The High Court has struck down CIC order that file noting by one officer meant for the next officer with whom he may be in a hierarchical relationship, is in the nature of a fiduciary entrustment, it should not ordinarily be disclosed and surely not without any concurrence of the officer preparing that note.
High Court ruled that "Any noting made in the official records of the Government/public authority is information belonging to the concerned Government/public authority. The question whether the information relates to a third party is to be determined by the nature of the information and not its source."
The reasoning, that the notings or information generated by an employee during the course of his employment is his information and thus has to be treated as relating to a third party, was considered flawed.
Court further stated that "Section 8 of the Act provides for exemption from disclosure of certain information and none of the provisions of Section 8 provides for a blanket exemption that entitles the respondent to withhold all notings on a file."
CIC has earlier made the decision on the basis that when the file noting by one officer meant for the next officer with whom he may be in a hierarchical relationship, is in the nature of a fiduciary entrustment, it should not ordinarily be disclosed and surely not without any concurrence of the officer preparing that note. The file noting for a confidential and secret part would attract the provisions of Section 8(1)(e) as well as Section 11(1) of the RTI Act.
The contention of the CIC was struck down and the court directed CIC to take the decision within 3 months. Earlier, however, Central Information Commission (CIC) in their Decision No. ICPB/A-1/CIC/2006 dt.31.01.2006, has held that “file notings are not, as a matter of law, exempt from disclosure”.
Usefulness of the High Court Order
The above decision is highly relevant for users who are filing RTI to know the Status of their earlier RTI. RTI Applicant can now use following questions in their RTI application
Complete details of file notings made on the above said file number as on date.
Separately the daily progress made in case of above said file till date i.e. when did it reach which officer/functionary, how long did it stay with that officer/functionary and what did that officer/functionary, do during that period on the said letter together with file noting and name and designation of each officer/functionary
List of the officers with their designation to whom before the said file is placed. Also, provide me with the noting made by them on the said file.